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Terms & Licence

License and usage terms for the portal. Please read carefully before using the services.

Effective September 7, 2026 Version v1.0.0

FaceStream.AI Software Licence Terms

Version: 7 September 2026

These Software Licence Terms (the “Terms”) govern the use of FaceStream.AI software (the “Software”) supplied by kumkju Beteiligungs- und Verwaltungsgesellschaft mbH, Romain-Rolland-Straße 172, 13089 Berlin, Germany, registered with Amtsgericht Charlottenburg (Berlin) under HRB 178056 B, EUID DEF1103R.HRB178056B, VAT ID DE413447111 (“Licensor”).

These Terms apply to consumers and businesses. Mandatory statutory rights, in particular consumer rights, remain unaffected.

1. Scope and Contract Documents

  1. The Licensor grants the customer (“Licensee”) rights to use the Software in accordance with these Terms, the licence issued to the Licensee, the selected edition and purchase model, and the product description applicable when the contract is concluded.
  2. The Software is software operated by the Licensee on the Licensee’s own hardware or infrastructure. Unless expressly agreed otherwise, the Licensor does not provide hosting, cloud processing, remote operation or continuous availability of the Licensee’s installation.
  3. If individual contractual terms expressly agreed with the Licensee conflict with these Terms, the individual terms prevail.

2. Editions and Technical Limits

  1. The licence determines the enabled edition and its technical limits. The currently offered editions are Free, Pro, Business and Enterprise.
  2. Edition limits, including permitted numbers of cameras, enrolled persons, connections, rules and recognition zones, are enforced by the Software. Only functions actually described as available in the applicable product description form part of the agreed functionality.
  3. Features merely present as internal, inactive or future development items are not owed unless expressly included in the applicable product description or individual agreement.

3. Licence Grant

  1. Subject to these Terms, the Licensor grants the Licensee a non-exclusive right to install and use the Software for the Licensee’s own purposes within the scope of the purchased or otherwise issued licence.
  2. The licence is device-based and not a named-user or workstation licence. The number of devices permitted under one licence and the rules for transferring a licence to replacement hardware are determined by the licence or the applicable offer.
  3. With respect to the Licensor’s proprietary components of the Software, and unless expressly permitted by these Terms or mandatory law, the Licensee may not:
    • make the Software available for use beyond the licensed scope;
    • circumvent, disable or manipulate licence checks, edition limits, activation or revocation mechanisms;
    • reproduce, distribute, rent, lease, sublicense or commercially exploit the Software independently of the permitted use; or
    • reverse engineer, decompile or disassemble the Software, except to the extent such activity cannot lawfully be prohibited, including mandatory rights relating to interoperability and error correction.
  4. The Software includes third-party software, libraries, fonts and machine-learning models that are subject to separate licence terms. Such third-party components remain governed by their respective licence terms, as identified in the third-party notices supplied with the Software. To the extent these Terms conflict with rights granted or obligations imposed by an applicable third-party licence, the applicable third-party licence prevails solely with respect to the relevant third-party component. Nothing in these Terms is intended to restrict any right that may not lawfully be restricted under an applicable open-source or other third-party licence.

4. Subscription Licences

  1. A subscription licence grants the right to use the licensed edition for the agreed subscription term and subject to payment of the agreed fees.
  2. The licence may technically contain no fixed expiry date. Where activation is enabled, entitlement is verified through the Licensor’s activation service and may be revoked when the contractual entitlement ends, including following effective termination, refund or other contractually justified cessation of the licence.
  3. Following an effective revocation or loss of a valid paid licence, the Software may revert to the Free edition instead of ceasing operation entirely.

5. Perpetual Licences and Update Rights

  1. A perpetual licence grants a permanent right to use the version of the Software covered by the licence, subject to these Terms.
  2. The right to install newly released versions may be limited by an updates_until date. Eligibility is determined by the release date of the Software version. A version released while the update entitlement was valid may therefore also be installed later.
  3. Expiry of the update entitlement does not by itself terminate the right to continue using an eligible previously released version.
  4. Continued compatibility of an older version with future operating systems, hardware, third-party services or protocols is not guaranteed unless expressly agreed.

6. Free Edition

  1. The Free edition may be used without payment and without a paid licence, subject to its technical limits and these Terms.
  2. Unless the applicable product description states otherwise, the Free edition may be used for private and commercial purposes.
  3. The Licensor may discontinue future distribution or development of the Free edition. This does not expand any statutory right to disable copies already lawfully obtained and usable under these Terms.
  4. Mandatory statutory liability and warranty rights remain unaffected. No support, maintenance, updates or continued availability of downloads are owed for the Free edition unless expressly promised.

7. Activation, Licence Verification and Offline Use

  1. A licence may contain an activation endpoint and an optional machine binding. Where activation is enabled, the Software periodically contacts the activation service to verify whether the licence is active, revoked or unknown.
  2. The activation request contains licence and installation information required for licence verification, including the licence identifier, machine identifier, product, Software version and edition. It does not transmit recognised persons’ names, photographs, biometric templates, events, camera addresses or the Licensee’s local configuration as activation payload.
  3. The activation service can revoke an entitlement but does not remotely enable an otherwise invalid licence. If the service is temporarily unavailable, a previously signed activation response may remain effective for the technical grace period implemented by the Software, currently up to 14 days.
  4. Licences issued without an activation endpoint do not contact the activation service and are intended for offline operation.
  5. A missing, invalid, expired or revoked licence may cause the Software to operate as the Free edition. The Licensee must not rely on paid-edition functionality after the corresponding entitlement has ended.

8. Operation, Data and Licensee Responsibility

  1. FaceStream.AI processes live camera streams and may perform facial detection, facial recognition and liveness analysis on the Licensee’s own hardware. The Licensee determines which cameras are connected, which persons are enrolled, which retention settings are used and which notification destinations are configured.
  2. The Licensee is responsible for the lawful installation, configuration and operation of the Software and connected cameras, including compliance with applicable data-protection, employment, surveillance, biometric-data, co-determination and other regulatory requirements applicable to the Licensee’s use case.
  3. The Licensee is responsible for obtaining any notices, consents, permissions or other legal bases required for the Licensee’s processing and for configuring recognition zones, retention periods, access controls and notification channels appropriately.
  4. The Licensor does not have technical access through the Software to the Licensee’s locally stored photographs, names, biometric templates, event images or configuration. Data sent by the Licensee through configured third-party notification channels is transmitted to destinations selected by the Licensee and is the Licensee’s responsibility.
  5. The Licensee must adequately secure the host system and local network. In particular, the Licensee must take account of the fact that the Software itself does not provide TLS for its local web interface and video stream and that camera and notification credentials may be stored unencrypted in the local configuration file. Appropriate network segmentation, access restrictions, filesystem protection and, where required, a properly configured TLS-terminating reverse proxy are the Licensee’s responsibility.

9. Recognition Accuracy and Safety-Critical Use

  1. Facial recognition is probabilistic. A match is not a statement of identity with certainty. False positives and false negatives can occur, particularly with similar faces, unsuitable camera positions, poor image quality or changed recognition thresholds.
  2. Liveness analysis is likewise probabilistic and is not designed or warranted as protection against a determined attacker or sophisticated presentation attack.
  3. The Licensee must independently assess whether the Software is suitable for the intended purpose and must not treat recognition results as the sole basis for decisions where an incorrect result could cause material harm.
  4. The Software can trigger external systems, including KNX or Loxone installations. Where it is used in connection with doors, locks, access control, alarms or other safety- or security-relevant functions, the Licensee is responsible for a fail-safe system design, appropriate independent safeguards and compliance with applicable technical and legal requirements. The Software is not warranted as a certified safety, emergency, life-protection or high-security access-control system.

10. Updates and Changes

  1. The Software may check a signed update feed and inform the Licensee that a newer version is available. Updates are not automatically installed by this mechanism.
  2. Paid updates are available only within the scope of the applicable subscription or update entitlement.
  3. The Licensor may make changes necessary to maintain security, legal compliance or technical operability, subject to mandatory statutory requirements. Statutory rights of consumers concerning digital products, including rights relating to updates and conformity, remain unaffected.

11. Warranty

  1. The statutory warranty rules apply unless lawfully modified by an individual agreement or, for business customers, by a provision that is legally permissible in the relevant transaction.
  2. Product descriptions, documented edition limits and expressly agreed specifications determine the owed characteristics. Performance estimates identified as estimates, projections or non-measured values are not guarantees.
  3. No guarantee (Garantie) is given unless expressly designated as such in writing.
  4. For the Free edition supplied without remuneration, liability for defects is limited to the extent permitted by applicable mandatory law.

12. Liability

  1. The Licensor is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where the Licensor has assumed an express guarantee or fraudulently concealed a defect.
  2. In cases of ordinary negligence, the Licensor is liable for breach of an essential contractual obligation whose performance is necessary for proper performance of the contract and on whose performance the Licensee may regularly rely. In such cases, liability is limited to the damage typical for the contract and reasonably foreseeable when the contract was concluded.
  3. Subject to paragraphs 1 and 2, liability for ordinary negligence is excluded to the extent permitted by law.
  4. The limitations above also apply to the Licensor’s legal representatives, employees and agents.
  5. Mandatory statutory rights of consumers remain unaffected.

13. Transfer of the Licence

  1. A licence may be transferred to replacement hardware using any self-service device-release mechanism provided by the Licensor or another procedure specified by the Licensor, subject to the permitted device count.
  2. A permanent transfer of a perpetual licence to another holder is permitted only together with the transferred copy of the Software and the associated licence entitlement, provided the transferring Licensee retains no usable copy or entitlement, and subject to mandatory law governing exhaustion of software distribution rights.
  3. Subscription licences may not be transferred to another holder without the Licensor’s consent unless mandatory law provides otherwise.
  4. Where a Business or Enterprise licence is purchased by an integrator, installer or procurement entity for installation at a third party’s premises, the contractual documents must identify who is intended to hold the licence. The operator of the installation remains responsible for the operation and processing performed on that installation unless otherwise agreed.

14. Termination and Consequences

  1. Subscription contracts may be terminated in accordance with the term and notice provisions stated in the order or applicable offer. Statutory termination rights remain unaffected.
  2. The Licensor may terminate or revoke a licence for material breach where the legal requirements for doing so are met, including material unauthorised licence circumvention or use outside the licensed scope.
  3. Upon termination of a subscription or effective revocation of a paid licence, paid-edition functionality may become unavailable and the Software may revert to the Free edition.
  4. The Software must not be relied upon to preserve functionality exceeding the Free-edition limits after paid entitlement ends. The treatment of configuration, enrolled persons and rules exceeding Free-edition limits is determined by the Software version then in use; the Licensee must maintain appropriate backups before entitlement changes.
  5. Termination does not affect rights and obligations intended by their nature to survive, including accrued payment obligations, intellectual-property rights and liability provisions.

15. Intellectual Property

  1. Except for third-party components identified in the third-party notices supplied with the Software, the Software is proprietary software and is licensed, not sold. Except for the rights expressly granted under these Terms and mandatory statutory rights, all rights in the Licensor’s proprietary components of the Software remain with the Licensor. Third-party components remain the property of their respective rightsholders and are licensed under their respective licence terms.
  2. The Licensee may make backup copies to the extent permitted by applicable law and reasonably necessary for lawful use.
  3. Copyright notices, licence notices and other proprietary notices may not be removed or altered where their retention is required by law or applicable third-party licence terms.
  4. Information concerning third-party components and their applicable licences is provided in the THIRD PARTY NOTICES file and any accompanying licence files distributed with the Software. Such notices are provided for attribution and licence-compliance purposes and do not extend the applicable third-party licences to the Licensor’s proprietary components except where an applicable licence expressly requires otherwise.

16. Consumer Rights and Withdrawal

  1. Consumers retain all mandatory rights under German and applicable EU consumer law.
  2. Where a consumer purchases digital content or a digital product online, any statutory right of withdrawal and the conditions for its expiry are governed by the separate withdrawal information and the declarations obtained during checkout. These Terms do not replace the legally required withdrawal information or any required express consent or acknowledgement concerning commencement of performance.

17. Governing Law and Jurisdiction

  1. These Terms and the contractual relationship are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. For consumers, this choice of law does not deprive the consumer of mandatory protection afforded by the law of the country in which the consumer has their habitual residence where such protection applies by law.
  3. If the Licensee is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the courts having jurisdiction at the Licensor’s registered office shall have exclusive jurisdiction to the extent permitted by law. Mandatory statutory places of jurisdiction remain unaffected.

18. Contract Language and Translations

  1. The contract language offered during checkout or contract conclusion applies to the individual transaction.
  2. Where the Software and these Terms are offered to consumers in Germany in German, the German version should be made available before conclusion of the contract. An English version may additionally be provided for convenience.
  3. For transactions validly concluded in English, the English version may be used as the contractual version. A translation must not reduce mandatory consumer information requirements applicable to the specific sales process.

19. Final Provisions

  1. Amendments and additions to the contract require the form agreed by the parties or prescribed by law. Individual agreements always take precedence over standard terms.
  2. If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected. The applicable statutory rule takes the place of an invalid standard term; no reduction of an invalid clause to the maximum permissible extent is intended where prohibited by law.
  3. The Licensor may be contacted regarding the Software at support@facestream-ai.com and for general enquiries at info@facestream-ai.com.